scholarly journals Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marie Claire Van Hout
Keyword(s):  
Human Rights ◽  
Newborn Infants ◽  
Migrant Health ◽  
Standards Of Care ◽  
Immigration Detention ◽  
Content Type ◽  
Academic Literature ◽  
European Immigration ◽  
The Right ◽  
Health Rights

Purpose The purpose of this paper was to conduct a legal realist assessment of women’s situation in European immigration detention which focuses on relevant international and European human rights instruments applicable to conditions and health rights in detention settings, academic literature and relevant European Court of Human Rights (ECtHR) jurisprudence since 2010. Design/methodology/approach In spite of the United Nations human rights frameworks and European Union (EU) standards, conditions in European immigration detention settings continue to pose a health risk to those detained. Migrant health rights when detained are intertwined with the right not to be subjected to arbitrary detention, detention in conditions compatible for respect for human dignity and right to medical assistance. Migrant women are particularly vulnerable requiring special consideration (pregnant and lactating women; single women travelling alone or with children; adolescent girls; early-married children, including with newborn infants) in immigration detention settings. Findings The situation of women in immigration detention is patchy in EU policy, academic literature and ECtHR jurisprudence. Where referred to, they are at best confined to their positionality as pregnant women or as mothers, with their unique gendered health needs ill-resourced. ECtHR jurisprudence is largely from male applicants. Where women are applicants, cases centre on dire conditions of detention, extreme vulnerability of children accompanying their mother and arbitrary or unlawful detention of these women (with child). Originality/value Concerns have been raised by the European Parliament around immigration detention of women including those travelling with their children. There is a continued failure to maintain minimum and equivalent standards of care for women in European immigration detention settings.

scholarly journals Migrant health situation when detained in European immigration detention centres: a synthesis of extant qualitative literature

2020 ◽  
Vol 16 (3) ◽  
pp. 221-236 ◽  
Author(s):  
Marie-Claire Van Hout ◽  
Cassie Lungu-Byrne ◽  
Jennifer Germain
Keyword(s):  
Health Care ◽  
Access To Health Care ◽  
Large Scale ◽  
Migrant Health ◽  
Health Needs ◽  
Immigration Detention ◽  
Content Type ◽  
European Immigration ◽  
Health Situation ◽  
Qualitative Literature

Purpose Many migrants are detained in Europe not because they have committed a crime but because of lack of certainty over their immigration status. Although generally in good physical health on entry to Europe, migrant detainees have complex health needs, often related to mental health. Very little is known about the current health situation and health care needs of migrants when detained in European immigration detention settings. The review aims to synthesize the qualitative literature available on this issue from the perspectives of staff and migrants. Design/methodology/approach The authors undertook a synthesis of extant qualitative literature on migrant health experience and health situation when detained in European immigration detention settings; retrieved as part of a large-scale scoping review. Included records (n = 4) from Sweden and the UK representing both detainee and staff experiences were charted, synthesised and thematically analysed. Findings Three themes emerged from the analysis, namely, conditions in immigration detention settings, uncertainties and communication barriers and considerations of migrant detainee health. Conditions were described as inhumane, resembling prison and underpinned by communication difficulties, lack of adequate nutrition and responsive health care. Practical implications It is crucial that the experiences underpinning migration are understood to respond to the health needs of migrants, uphold their health rights and to ensure equitable access to health care in immigration detention settings. Originality/value There is a dearth of qualitative research in this area because of the difficulty of access to immigration detention settings for migrants. The authors highlight the critical need for further investigation of migrant health needs, so as to inform appropriate staff support and health service responses.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

Human rights-based conceptions of deservingness: health and precarity

2020 ◽  
Vol 16 (3) ◽  
pp. 279-292
Author(s):  
Sarah Marshall
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Health Care Providers ◽  
Health Care Access ◽  
Migrant Health ◽  
Dominant Negative ◽  
Care Providers ◽  
Content Type ◽  
Care Access ◽  
Health Related

Purpose Ideas of health-related deservingness in theory and practise have largely been attached to humanitarian notions of compassion and care for vulnerable persons, in contrast to rights-based approaches involving a moral-legal obligation to care based on universal citizenship principles. This paper aims to provide an alternative to these frames, seeking to explore ideas of a human rights-based deservingness framework to understand health care access and entitlement amongst precarious status persons in Canada. Design/methodology/approach Drawing from theoretical conceptualizations of deservingness, this paper aims to bring deservingness frameworks into the language of human rights discourses as these ideas relate to inequalities based on noncitizenship. Findings Deservingness frameworks have been used in public discourses to both perpetuate and diminish health-related inequalities around access and entitlement. Although, movements based on human rights have the potential to be co-opted and used to re-frame precarious status migrants as “undeserving”, movements driven by frames of human rights-based deservingness can subvert these dominant, negative discourses. Originality/value To date, deservingness theory has primarily been used to speak to issues relating to deservingness to welfare services. In relation to deservingness and precarious status migrants, much of the literature focuses on humanitarian notions of the “deserving” migrant. Health-related deservingness based on human rights has been under-theorized in the literature and the authors can learn from activist movements, precarious status migrants and health care providers that have taken on this approach to mobilize for rights based on being “human”.

Human rights of people with mental illness diagnosis: perceptions among service users, family members and health professionals in Tunisia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
Family Members ◽  
Mental Illnesses ◽  
Service Users ◽  
Content Type ◽  
People With Mental Illness ◽  
The Family ◽  
The Right ◽  
Main Factor

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.

scholarly journals Examining the Reproductive Rights in the Wake of COVID-19 Pandemic in Nigeria

2021 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Uche Nnawulezi ◽  
Bosede Remilekun Adeuti
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Mortality And Morbidity ◽  
Rights Protection ◽  
National Human ◽  
Integral Response ◽  
Policies And Programs ◽  
Intractable Problem ◽  
The Right ◽  
Health Rights

The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examines the existing Nigeria laws on reproductive and health rights and ascertains the extent to which it has continually and predictably addressed the reproductive rights protection problem. There is a significant protection gap in the national human rights architecture. At the international level, among the poorer adolescent girls between the age of 15-19 years, it frequently results in early pregnancy and, of course, unsafe abortion. Thus, this gap relates in particular to questions on lack of access to family planning services. This paper argues that improvement of reproductive and sexual health goes far beyond the right to life and the right to health of women and girls. To guarantee Nigeria's reproductive rights, a more integral response to these critical human rights and development challenges can address Nigeria's protection gap. This paper adopts an analytical and qualitative approach by referring to existing pieces of literature achieved by the synthesis of ideas. This paper concludes that the adoption of a new approach to policies and programs on preventable maternal mortality and morbidity guarantees the right to attain the highest standard of sexual reproductive health in Nigeria. KEYWORDS: Reproductive Rights, Health Issues, COVID-19 Pandemic, Nigeria.

Social control and the institutionalization of human rights as an ethical framework for media and ICT corporations

2018 ◽  
Vol 16 (3) ◽  
pp. 275-289 ◽  
Author(s):  
Katharine Sarikakis ◽  
Izabela Korbiel ◽  
Wagner Piassaroli Mantovaneli
Keyword(s):  
Human Rights ◽  
Social Control ◽  
Social Order ◽  
Technological Development ◽  
Ethical Framework ◽  
Theoretical Ground ◽  
Content Type ◽  
Construction Of Knowledge ◽  
Information And Communication ◽  
The Right

Purpose This paper is concerned with the place of human rights in the process of technological development but specifically as this process is situated within the corporate-technological complex of modern digital communications and their derivatives. This paper aims to argue that expecting and institutionalizing the incorporation of human rights in the process of technological innovation and production, particularly in the context of global economic actors, constitutes a necessary act if we want to navigate the immediate future of artificial intelligence and ubiquitous connectivity in ways that protect democracy and human dignity. Design/methodology/approach The discussion presents the case for defending human rights through a social control perspective, which assumes the conscious quest for impacting change and cartographing a path of actions and intentions. The authors approach the problem from James Ralph Beniger’s theory of the Control Revolution (1986) to explain the emergence of a new social order and to outline the main challenges brought particularly by media and information and communication technology (ICT) corporations as global actors of power. Findings Ethics initiatives, considering human rights as an ethical framework for media and ICT businesses, can be based on social control perspectives to regard the more complex variables interacting in the formation of effective policy making. It is the right to participate in the construction of knowledge in society and, informed by this knowledge, help manage or control democratic issues, including influencing on the regulation of technology and other cultural formats of control (Altheide, 1995). Knowing social control tools enable citizens to lead their destinies, plan their freedom and the change what they wish in the societies they live in. Originality/value Social control is often understood as a term taken for granted and many times faced as representing malignant and anti-democratic forms. Here, the authors try to build a theoretical ground where both sides – the benign and the malignant – can be taken in consideration to bring awareness to the need to discuss social control as a democratic endeavor, and consider human rights as part of this and not something apart and idealized. The practice of human rights is directly associated with social control forms and is from within these practices individuals must understand its role on social control and act.

Human rights violations during the COVID-19 pandemic

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Content Type ◽  
International Human ◽  
The Right

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Children and adolescents with cancer: vulnerabilities and implications on the right to health

2021 ◽  
Vol 42 ◽  
Author(s):  
Elisangela Argenta Zanatta ◽  
Ketelin Figueira da Silva ◽  
Clarissa Bohrer da Silva ◽  
Maria Luiza Bevilaqua Brum ◽  
Maria da Graça Corso da Motta
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Children And Adolescents ◽  
Chronic Diseases ◽  
Thematic Analysis ◽  
Right To Health ◽  
Support Networks ◽  
Health Care Network ◽  
The Right ◽  
Health Rights

ABSTRACT Objective To know situations of vulnerabilities experienced by children and adolescents with cancer and their implications on health rights. Method A qualitative study, developed from 2017 to 2018, in two Santa Catarina hospitals. The interviewees were 11 family members of children/adolescents with cancer, a prevalent chronic disease identified in hospitalizations in 2017. A descriptive and thematic analysis was carried out based on the vulnerability and human rights framework. Results Among the chronic diseases, cancer was prevalent. Vulnerability situations were discussed considering the trajectories in the health care network, the challenges facing the care routine and the support networks for the exercise of the right to health. Final considerations Chronic diseases such as cancer require timely, decisive and effective responses from the health system with a view to maintaining human rights.

The management (or lack thereof) of COVID-19 in Brazil: implications for human rights and public health

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Erick da Luz Scherf ◽  
Marcos Vinicius Viana da Silva ◽  
Janaina S. Fachini
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Health Management ◽  
Inductive Reasoning ◽  
Content Type ◽  
Public Health Institutions ◽  
Health Institutions ◽  
Human Rights Norms ◽  
The Right

Purpose The purpose of this paper is to explore how the COVID-19 pandemic has been managed in Brazil, especially at the Federal Administrative level, with the focus being on the implications for human rights and public health in the country. Design/methodology/approach The research is built on a qualitative design made up of a case-study and review of the literature and is based on inductive reasoning. Findings Main conclusions were that: by not making sufficient efforts to safeguard the lives of Brazilians or to strengthen public health institutions amid the pandemic, Bolsonaro’s Administration may be violating the rights to life and health, among others, by omission; it was demonstrated that the President has worked unceasingly to bulldoze anti-COVID-19 efforts, which can be better explained through the concepts of necropolitics and neoliberal authoritarianism. Research limitations/implications One of the limitations to this research is that this paper was not able to discuss more thoroughly which other human rights norms and principles (apart from the right to health, life and the duty to protect vulnerable populations) have possibly been violated amid the COVID-19 pandemic in the country. Overall, this research can help expand the literature on human rights in health management during and after emergency times. Originality/value This paper focuses on recent events and on urgent matters that need to be addressed immediately in Brazil. This study provides an innovative health policy/human rights analysis to build an academic account of the ongoing pandemic in the largest country in South America.

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